DMCC Free Zone Who can work from DMCC Free Zone?

Transcription

1 DMCC Free Zone Who can work from DMCC Free Zone? Last updated October 2014

2 What you need to know It is illegal for any employer to retain the services of an individual that does not have approval to perform duties in the DMCC Free Zone. Authorisation to perform employment duties in DMCC Free Zone takes three main forms; 1. Employee Residence Permit (Visa) 2. Employee Identity Card 3. Access Approval Any employee on an Employee Residence Permit (Visa) or with a DMCC Employee Identity Card must hold a valid Employment Contract with the Free Zone company. 2

3 In this pack find out Slide 5 Find out the type of authorization that is required in each situation: Identity card Residence visa Business visit visa Access approval Slide 6 Find out about valid services contracts, in the case of Access approvals. 3 Slide 7 Find out which type of Service Request to select and which responses to give in each type of employee situation: Transfers within DMCC Transfers into DMCC Employment residence permit out of country Employment residence permit in country with amendment Employment residence permit in country, exiting and returning

4 In this pack find out Slide 8 Find out what are the next steps after Entry permit is issued: Activating the Entry Permit Medical Fitness test Passport stamping Slide 9 Use this table to find out how to activate the Entry Permit for employees in or out of the UAE. Getting it right! Slide 10 Find out about changes to the employment terms during the validity period of the residence employment permit. When does a visa amendment need to be stamped in the passport? Slide 11 Find out what to do if a visa is expiring or expiring soon. Doing nothing is not allowed! 4

5 Which type of authorization is required? Will your company employ the individual under an Employment Contr act? Ar e they a GCC national or a female sponsor ed by father or husband? Ar e they a) Employed by a r elated company, b) A Univer sity trainee or c) On assignment under a Ser vices Contr act? Request an Identity Car d Request a ew Residence Per mit (Visa). See details. Do they have a valid Employee Residence Per mit (Visa)? Ar e they a business visitor fr om over seas? Request an Access Appr oval for 1, 3 or 12 months* Request a Business Visitor Visa Individual may not be author ized to per for m duties fr om Fr ee Zone. Please check 5 *Access Approvals are limited to no more than 30% of the workers performing services from a company s place of business.

6 What is a valid Services Contract? our company may, at times, have employees from another company working from your office, sometimes know as embedded contractors. ou must ensure that you have entered into a valid service contract with that company before allowing any of their employees to work from your office location. Company enter s into commer cial contr act for consultancy ser vices. Consultants to w or k fr om Free Zone? Legitimate commer cial consultancy/ser vices agr eement? Standar d Commer cial Contr act. Contr acting employees cannot be based fr om Fr ee Zone company office. Apply for Access Appr oval for desir ed per iod Appear s to be an employment contr act. Must hir e as employee w ith visa. 6 *Access Approvals are limited to no more than 30% of the workers performing services from a company s place of business.

7 What type of Service Request is needed for the Residence Permit? Is the new employee cur r ently in the UAE? Is the new employee cur r ently w or king in the UAE? Request a new Residence Per mit (Visa) and tick Out of countr y Ar e they w or king for a DMCC company? Request a new Residence Per mit (Visa) The employee w ill enter the countr y on the Entr y Per mit. See Slide 7 Situation 4 Which of the follow ing situations applies? Request a tr ansfer w ithin DMCC* Ar e they w or king in another Fr ee Zone or for Dubai Gover nment? Employee has a cur r ent Visit Visa or Residence Per mit Cancellation and w ishes to r emain in countr y** Employee has a cur r ent Visit Visa or Residence Per mit Cancellation and they w ish to ex it the countr y and r etur n Employee has a tour ist or tr ansit visa 7 Request a tr ansfer into DMCC* Tick In countr y and Visa amendment ** dur ing Residence Per mit application pr ocess. Tick In countr y dur ing Residence Per mit application pr ocess. Employee must ex it UAE & r etur n on the new Entr y Per mit. Tick In countr y dur ing Residence Per mit application pr ocess. Employee must ex it UAE & r etur n on the new Entr y Per mit. *This process enables the employee to remain in the UAE during the process, and if they are the sponsor of others those visas can also be transferred. **This process incurs an additional charge but enables the employee to remain in the UAE during the process

8 ext steps after the Entry permit is activated Company has submitted the new Residence Per mit (visa) application online Entr y Per mit is issued >60 days In country <60 days Out country Submit EP and Passpor t to DMCC for position amendment Enter UAE w ith copy of EP, w hich is stamped / activated ** at the por t Cancel* Entr y Per mit Entr y per mit activated ** Complete medical fitness test Renew Entr y Per mit*** Submit passpor t, fitness test, EID application, passpor t photos and Entr y Per mit Passpor t w ith Residence Per mit deliver ed by cour ier 8 *If the Entry Permit is not activated or expires and is not renewed the company MUST cancel it **Once the Entry Permit is activated the individual cannot exit the UAE until the Residence Permit (Visa) is stamped in the passport. ***Only two renewals are allowed

9 Quick check In/Out country Situation Types Is employee in UAE now? Has the entry permit has been issued? Will the employee exit UAE and return? Instructions es es es o es o es es es Must exit if on tourist or transit visa. Employee brings original EP with them and activates (handover at airport immigration) it at immigration on return to UAE. es Must exit if on tourist or transit visa. Once issued the employer deposits EP at airport and s copy to employee OR Sends original to employee for activation on arrival at immigration. Employee must show EP to airport immigration. o After EP is issued employer commences position amendment process. Employee can stay in the UAE. /A Employer deposits EP at airport and s copy to employee OR Sends original to employee for activation on arrival at immigration. Employee must show EP to airport immigration.

10 Change to employment terms during RP validity period Ter ms and Conditions of employment have changed? Salary change only* Complete an Employment Contr act Amendment and upload the signed contr act amendment Job title** only or Job title** and Salary DMCC r ecor ds ar e updated Or iginal passpor t 2 Photos Or iginal ID Car d Attested Educational Cer tificate Passpor t w ith Residence Per mit deliver ed by cour ier, together w ith amended Employment Car d. 10 *DMCC requires all companies to update salary details on the portal to ensure that up to date records are kept for all employees, ensuring proper calculation of benefits. **Under UAE immigration rules it is required to amend the employee residence permit if there is a change of job title.

11 What to do if a visa is expired or about to expire? Employees visa is due to or has ex pir ed OUT In UAE or out UAE? I Employee r etur ning? ES Over stayed? O O ES Pay over stay penalties Employer must cancel visa Employer must cancel visa and commence new application. Employer must Renew or Cancel visa or otify absconder. DO OTHIG IS OT A OPTIO When an Employee Residence Visa expires the company is required to ensure the visa is either renewed, cancelled, or notified as an absconder if the employee cannot be located. 11 Under UAE immigration rules one of the above steps MUST be taken.

12 Further information Contact DMCC on 800 DMCC Web